Prem Sagar Vs. Shankar Dass & Ors.
EmailAppeal: Civil Appeal No. of 1987.
IN
(SLP No.288/86)
IN
(SLP No.288/86)
Petitioner: Prem Sagar
Respondent: Shankar Dass & Ors.
Apeal: Civil Appeal No. of 1987.
IN
(SLP No.288/86)
IN
(SLP No.288/86)
Judges: A.P. SEN & B.C. RAY, JJ.
Date of Judgment: Sep 07, 1987
Head Note:
CRIMINAL PROCEDURE CODE, 1973:
Section 195 (1)(b)(ii) – Complaint – Bar to entertainment of complaint – High Court to examine the maintainability or otherwise of complaint.
JUDGEMENT:
O R D E R
1. Special leave granted. Arguments heard.
2. We are satisfied that the High Court ought not to have dismissed the revision in limine. We are inclined to the view that the provision contained in S.195(1)(b)(ii) of the Code of Criminal Procedure, 1973 prima facie appears to be a complete bar to the entertainment of the complaint. The High Court should have therefore dealt with the question as to the maintainability or otherwise of the complaint.
3. Accordingly, we allow the appeal, set aside the judgment of the High Court and remit the revision of the High Court for hearing afresh on merits after notice to the parties.
4. There shall be stay of further proceedings pending the disposal of the revision in the High Court.
1. Special leave granted. Arguments heard.
2. We are satisfied that the High Court ought not to have dismissed the revision in limine. We are inclined to the view that the provision contained in S.195(1)(b)(ii) of the Code of Criminal Procedure, 1973 prima facie appears to be a complete bar to the entertainment of the complaint. The High Court should have therefore dealt with the question as to the maintainability or otherwise of the complaint.
3. Accordingly, we allow the appeal, set aside the judgment of the High Court and remit the revision of the High Court for hearing afresh on merits after notice to the parties.
4. There shall be stay of further proceedings pending the disposal of the revision in the High Court.
